USA Washington

USA Statutes : washington
Title : Elections
Chapter : Voting systems
RCW 29A.12.010Authority for use.At any primary or election in any county, votes may be cast, registered, recorded, or counted by means of voting systems that have been approved under RCW 29A.12.020.[2003 c 111 § 301. Prior: 1990 c 59 § 17; 1967 ex.s. c 109 § 12; 1965 c 9 § 29.33.020; prior: (i) 1913 c 58 § 1, part; RRS § 5300, part. (ii) 1913 c 58 § 18; RRS § 5318. Formerly RCW 29.33.020.]Notes:Intent -- Effective date -- 1990 c 59: See notes following RCW 29A.04.013. RCW 29A.12.020Inspection and test by secretary of state Report.The secretary of state shall inspect, evaluate, and publicly test all voting systems or components of voting systems that are submitted for review under RCW 29A.12.030. The secretary of state shall determine whether the voting systems conform with all of the requirements of this title, the applicable rules adopted in accordance with this title, and with generally accepted safety requirements. The secretary of state shall transmit a copy of the report of any examination under this section, within thirty days after completing the examination, to the county auditor of each county.[2003 c 111 § 302. Prior: 1990 c 59 § 18; 1982 c 40 § 1. Formerly RCW 29.33.041.]Notes:Intent -- Effective date -- 1990 c 59: See notes following RCW 29A.04.013.Severability -- 1982 c 40: "If any provision of this act or its application to any person or circumstance is held invalid, the remainder of the act or the application of the provision to other persons or circumstances is not affected." [1982 c 40 § 11.] RCW 29A.12.030Submitting system or component for examination.The manufacturer or distributor of a voting system or component of a voting system may submit that system or component to the secretary of state for examination under RCW 29A.12.020.[2003 c 111 § 303. Prior: 1990 c 59 § 19; 1982 c 40 § 2. Formerly RCW 29.33.051.]Notes:Intent -- Effective date -- 1990 c 59: See notes following RCW 29A.04.013.Severability -- 1982 c 40: See note following RCW 29A.12.020. RCW 29A.12.040Independent evaluation.(1) The secretary of state may rely on the results of independent design, engineering, and performance evaluations in the examination under RCW 29A.12.020 if the source and scope of these independent evaluations are specified by rule.  (2) The secretary of state may contract with experts in mechanical or electrical engineering or data processing to assist in examining a voting system or component. The manufacturer or distributor who has submitted a voting system for testing under RCW 29A.12.030 shall pay the secretary of state a deposit to reimburse the cost of any contract for consultation under this section and for any other unrecoverable costs associated with the examination of a voting system or component by the manufacturer or distributor who submitted the voting system or component for examination.[2003 c 111 § 304. Prior: 1990 c 59 § 20; 1982 c 40 § 3. Formerly RCW 29.33.061.]Notes:Intent -- Effective date -- 1990 c 59: See notes following RCW 29A.04.013.Severability -- 1982 c 40: See note following RCW 29A.12.020. RCW 29A.12.050Approval required Modification.If voting systems or devices or vote tallying systems are to be used for conducting a primary or election, only those that have the approval of the secretary of state or had been approved under this chapter or the former chapter 29.34 RCW before March 22, 1982, may be used. Any modification, change, or improvement to any voting system or component of a system that does not impair its accuracy, efficiency, or capacity or extend its function, may be made without reexamination or reapproval by the secretary of state under RCW 29A.12.020.[2003 c 111 § 305; 1990 c 59 § 21; 1982 c 40 § 4. Formerly RCW 29.33.081.]Notes:Intent -- Effective date -- 1990 c 59: See notes following RCW 29A.04.013.Severability -- 1982 c 40: See note following RCW 29A.12.020. RCW 29A.12.060Maintenance and operation.The county auditor of a county in which voting systems are used is responsible for the preparation, maintenance, and operation of those systems and may employ and direct persons to perform some or all of these functions.[2003 c 111 § 306. Prior: 1990 c 59 s 22; 1965 c 9 § 29.33.130; prior: 1955 c 323 § 2; prior: 1935 c 85 § 1, part; 1919 c 163 § 23, part; 1915 c 114 § 5, part; 1913 c 58 § 10, part; RRS § 5309, part. Formerly RCW 29.33.130.]Notes:Intent--Effective date--1990 c 59: See notes following RCW 29A.04.013. RCW 29A.12.070Acceptance test.An agreement to purchase or lease a voting system or a component of a voting system is subject to that system or component passing an acceptance test sufficient to demonstrate that the equipment is the same as that certified by the secretary of state and that the equipment is operating correctly as delivered to the county.[2003 c 111 § 307. Prior: 1998 c 58 § 1; 1990 c 59 § 23. Formerly RCW 29.33.145.]Notes:Intent -- Effective date -- 1990 c 59: See notes following RCW 29A.04.013. RCW 29A.12.080Requirements for approval.No voting device shall be approved by the secretary of state unless it:  (1) Secures to the voter secrecy in the act of voting;  (2) Permits the voter to vote for any person for any office and upon any measure that he or she has the right to vote for;  (3) Permits the voter to vote for all the candidates of one party or in part for the candidates of one or more other parties;  (4) Correctly registers all votes cast for any and all persons and for or against any and all measures;  (5) Provides that a vote for more than one candidate cannot be cast by one single operation of the voting device or vote tally system except when voting for president and vice president of the United States; and  (6) Except for functions or capabilities unique to this state, has been tested, certified, and used in at least one other state or election jurisdiction.[2003 c 111 § 308. Prior: 1990 c 59 § 26; 1982 c 40 § 6; 1977 ex.s. c 361 § 66; 1971 ex.s. c 6 § 1; 1967 ex.s. c 109 § 18. Formerly RCW 29.33.300, 29.34.080.]Notes:Intent -- Effective date -- 1990 c 59: See notes following RCW 29A.04.013.Severability -- 1982 c 40: See note following RCW 29A.12.020.Effective date -- Severability -- 1977 ex.s. c 361: See notes following RCW 29A.16.040.Severability -- 1971 ex.s. c 6: "If any provision of this 1971 amendatory act, or its application to any person or circumstance is held invalid, the remainder of the act, or the application of the provision to other persons or circumstances is not affected." [1971 ex.s. c 6 § 3.]Voting devices, machines -- Recording requirements: RCW 29A.12.150. RCW 29A.12.090Single district and precinct.The ballot on a single voting device shall not contain the names of candidates for the offices of United States representative, state senator, state representative, county council, or county commissioner in more than one district. In all general elections, primaries, and special elections, in each polling place the voting devices containing ballots for candidates from each congressional, legislative, or county council or commissioner district shall be grouped together and physically separated from those devices containing ballots for other districts. Each voter shall be directed by the precinct election officers to the correct group of voting devices.[2003 c 111 § 309. Prior: 1990 c 59 § 27; 1989 c 155 § 1; 1987 c 295 § 8; 1983 c 143 § 1. Formerly RCW 29.33.310, 29.34.085.]Notes:Intent -- Effective date -- 1990 c 59: See notes following RCW 29A.04.013. RCW 29A.12.110Record of ballot format Devices sealed.In preparing a voting device for a primary or election, a record shall be made of the ballot format installed in each device and the precinct or portion of a precinct for which that device has been prepared. Except where provided by a rule adopted under *RCW 29A.04.610, after being prepared for a primary or election, each device shall be sealed with a uniquely numbered seal and provided to the inspector of the appropriate polling place.[2003 c 111 § 311; 1990 c 59 § 25. Formerly RCW 29.33.330.]Notes:*Reviser's note: RCW 29A.04.610 was amended by 2004 c 267 § 702 and repealed by 2004 c 271 § 193. Later enactment, see RCW 29A.04.611.Intent -- Effective date -- 1990 c 59: See notes following RCW 29A.04.013. RCW 29A.12.120Election officials Instruction, compensation, requirements.(1) Before each state primary or general election at which voting systems are to be used, the county auditor shall instruct all precinct election officers appointed under RCW 29A.44.410, counting center personnel, and political party observers designated under RCW 29A.60.170 in the proper conduct of their duties.  (2) The county auditor may waive instructional requirements for precinct election officers, counting center personnel, and political party observers who have previously received instruction and who have served for a sufficient length of time to be fully qualified to perform their duties. The county auditor shall keep a record of each person who has received instruction and is qualified to serve at the subsequent primary or election.  (3) As compensation for the time spent in receiving instruction, each precinct election officer who qualifies and serves at the subsequent primary or election shall receive an additional two hours compensation, to be paid at the same time and in the same manner as compensation is paid for services on the day of the primary or election.  (4) Except for the appointment of a precinct election officer to fill a vacancy under RCW 29A.44.440, no inspector or judge may serve at any primary or election at which voting systems are used unless he or she has received the required instruction and is qualified to perform his or her duties in connection with the voting devices. No person may work in a counting center at a primary or election at which a vote tallying system is used unless that person has received the required instruction and is qualified to perform his or her duties in connection with the handling and tallying of ballots for that primary or election. No person may serve as a political party observer unless that person has received the required instruction and is familiar with the operation of the counting center and the vote tallying system and the procedures to be employed to verify the accuracy of the programming for that vote tallying system.[2003 c 111 § 312. Prior: 1990 c 59 § 29; 1977 ex.s. c 361 § 69. Formerly RCW 29.33.340, 29.34.143.]Notes:Intent -- Effective date -- 1990 c 59: See notes following RCW 29A.04.013.Effective date -- Severability -- 1977 ex.s. c 361: See notes following RCW 29A.16.040. RCW 29A.12.130Tallying systems Programming tests.At least three days before each state primary or general election, the office of the secretary of state shall provide for the conduct of tests of the programming for each vote tallying system to be used at that primary or general election. The test must verify that the system will correctly count the vote cast for all candidates and on all measures appearing on the ballot at that primary or general election. The test shall verify the capability of the vote tallying system to perform all of the functions that can reasonably be expected to occur during conduct of that particular primary or election. If any error is detected, the cause shall be determined and corrected, and an errorless total shall be produced before the primary or election.  Such tests shall be observed by at least one representative from each major political party, if representatives have been appointed by the respective major political parties and are present at the test, and shall be open to candidates, the press, and the public. The county auditor and any political party observers shall certify that the test has been conducted in accordance with this section. Copies of this certification shall be retained by the secretary of state and the county auditor. All programming materials, test results, and test ballots shall be securely sealed until the day of the primary or general election.[2003 c 111 § 313; 1998 c 58 § 2; 1990 c 59 § 32; 1977 ex.s. c 361 § 73. Formerly RCW 29.33.350, 29.34.163.]Notes:Intent -- Effective date -- 1990 c 59: See notes following RCW 29A.04.013.Effective date -- Severability -- 1977 ex.s. c 361: See notes following RCW 29A.16.040. RCW 29A.12.140Operating procedures.The secretary of state may publish recommended procedures for the operation of the various vote tallying systems that have been approved. These procedures allow the office of the secretary of state to restrict or define the use of approved systems in elections.[2003 c 111 § 314. Prior: 1998 c 58 § 3; 1990 c 59 § 34; 1977 ex.s. c 361 § 75; 1967 ex.s. c 109 § 32. Formerly RCW 29.33.360, 29.34.170.]Notes:Intent -- Effective date -- 1990 c 59: See notes following RCW 29A.04.013.Effective date -- Severability -- 1977 ex.s. c 361: See notes following RCW 29A.16.040. RCW 29A.12.150Recording requirements.(1) No voting device or machine may be used in a county with a population of seventy thousand or more to conduct a primary or general or special election in this state unless it correctly records on a separate ballot the votes cast by each elector for any person and for or against any measure and such separate ballots are available for audit purposes after such a primary or election.  (2) The secretary of state shall not certify under this title any voting device or machine for use in conducting a primary or general or special election in this state unless the device or machine correctly records on a separate ballot the votes cast by each elector for any person and for or against any measure and such separate ballots are available for audit purposes after such a primary or election.[2003 c 111 § 315; 1998 c 245 § 26; 1991 c 363 § 30; 1990 c 184 § 1. Formerly RCW 29.04.200.]Notes:Purpose -- Captions not law -- 1991 c 363: See notes following RCW 2.32.180. RCW 29A.12.160Disabled voter accessibility. (Effective until January 1, 2006.)(1) The secretary of state shall adopt rules and establish standards for voting technology and systems used by the state or any political subdivision to be accessible for individuals with disabilities, including nonvisual accessibility for the blind and visually impaired, in a manner that provides the same opportunity for access and participation, including privacy and independence, as other voters.  (2) At each polling location, at least one voting unit certified by the secretary of state shall provide access to individuals who are blind or visually impaired.  (3) Compliance with this provision in regard to voting technology and systems purchased prior to July 27, 2003, shall be achieved at the time of procurement of an upgrade of technology compatible with nonvisual voting methods or replacement of existing voting equipment or systems.  (4) Compliance with subsections (2) and (3) of this section is contingent on available funds to implement this provision.  (5) For purposes of this section, the following definitions apply:  (a) "Accessible" includes receiving, using, selecting, and manipulating voter data and controls.  (b) "Nonvisual" includes synthesized speech, Braille, and other output methods.  (c) "Blind and visually impaired" excludes persons who are both deaf and blind.  (6) This section does not apply to voting by absentee ballot.[2004 c 266 § 3. Prior: 2003 c 110 § 1. Formerly RCW 29.33.305.]Notes:Effective dates -- 2004 c 267: See note following RCW 29A.08.651.Effective date -- 2004 c 266: See note following RCW 29A.04.575.

USA Statutes : washington